Terms of Use

In these Terms of Use:

1. the terms ‘You’ and ‘Your’ refer to the user of the AICIS Business Services portal and, where applicable, also include a reference to an Applicant where they are represented by a Representative User.
2. ‘Applicant’ means a User who makes an Application.
3. ‘Application’ means any action taken by the User via the AICIS Business Services portal that is permitted or required to be undertaken by that User under the Industrial Chemicals Act, including (but not limited to):
   1. making an application under the Industrial Chemicals Act; or
   2. providing information permitted or required to be provided under the Industrial Chemicals Act.
4. ‘AICIS’ means the Australian Industrial Chemicals Introduction Scheme established under the Industrial Chemicals Act.
5. ‘AICIS Business Services portal’ means the electronic platform run by the Commonwealth on which Users may make Applications and manage registrations.
6. ‘Commonwealth’ means the Commonwealth as represented by the Department of Health and Aged Care, or such other agency that has responsibility for administering, or assisting with administering, AICIS from time to time.
7. ‘Executive Director’ has the meaning given by the Industrial Chemicals Act.
8. ‘Industrial Chemicals Act’ means the Industrial Chemicals Act 2019 (Cth).
9. ‘Intellectual Property Rights’ include:
   1. all copyright (including rights in relation to phonograms and broadcasts);
   2. all rights in relation to inventions, plant varieties, trademarks (including service marks), designs and circuit layouts; and
   3. all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

• but do not include:
  • moral rights under Part IX of the Copyright Act 1968 (Cth); or
  • rights in relation to confidential information.

10. ‘Inventory’ means the Australian Inventory of Industrial Chemicals.
11. ‘Material’ means anything:
    1. lodged by a User into the AICIS Business Services portal; or
    2. communicated by the Commonwealth via the AICIS Business Services portal, and includes any such thing in which Intellectual Property Rights arise.
12. ‘Personnel’ means an officer, employee, agent or subcontractor of the Commonwealth.
13. Profile’ means Your online account to use the AICIS Business Services portal.
14. ‘Representative User’ means an individual or body who has successfully created a User Profile in the AICIS Business Services portal and is authorised by the Applicant(s) to represent them in applying and managing certain Applications, or satisfying other obligations as applicable under the Industrial Chemicals Act.
15. ‘User’ means You or any other individual who has successfully created a User Profile in the AICIS Business Services portal, and where the context permits includes a Representative User.

The Commonwealth may, at its discretion, update these Terms of Use. By continuing to use the AICIS Business Services portal, You accept the Terms of Use as they apply from time to time and acknowledge that You have an ongoing need to access the AICIS Business Services portal.

If You no longer have an ongoing need to access the AICIS Business Services portal, You must notify the Commonwealth as soon as possible.

Your Obligations

Your obligations are different depending upon the type of User you are, and these Terms of Use differentiate between the types of Users of the AICIS Business Services portal where required. You may be more than one type of User.

Confirmation of identity

If You create a User Profile for the AICIS Business Services portal, You confirm that Your individual identification details submitted on the AICIS Business Services portal enrolment page are true and correct and that You are not misrepresenting Your identity or creating a User Profile on behalf of any other individual.

If You use the AICIS Business Services portal as a Representative User, You confirm that Your individual identification details submitted with any information and Material You lodge via the AICIS Business Services portal are true and correct and that You are not misrepresenting Your identity.

Representative User

If You are a Representative User, You:

1. agree to submit to the Commonwealth on its request evidence of Your authority to represent an Applicant(s);
2. must only use the AICIS Business Services portal within the scope of the authority given by Applicant(s) to represent them; and
3. must cease using the AICIS Business Services portal in relation to any Applicant(s) if the authority given by them for You to represent them is revoked.

Applications

On each occasion that you save a draft Application, You:

1. represent and warrant that You have complied with these Terms of Use;
2. represent and warrant that you have read and understood the relevant guidance provided on the AICIS Business Services portal relating to the requirements of the Industrial Chemicals Act; and
3. understand that the Commonwealth may not be able to accept the draft Application if the file size exceeds 5MB per file upload.

In lodging an Application, You:

1. represent and warrant that You have complied with these Terms of Use;
2. represent and warrant that You have complied with the requirements for an Application under or in relation to the Industrial Chemicals Act;
3. represent and warrant that you have read and understood the relevant guidance provided on the AICIS Business Services portal relating to the requirements of the Industrial Chemicals Act;
4. represent and warrant that to the best of your knowledge, the information contained in the Application is true and accurate;
5. understand that the Commonwealth may not be able to accept the Application if the file size exceeds 5MB per file upload;
6. undertake to advise the Commonwealth of any changes to information contained in the Application;
7. accept and agree that You are responsible for any Application lodged by You on the AICIS Business Services portal using Your Profile;
8. acknowledge and agree that (subject to the provisions of the Industrial Chemicals Act) where the Application is linked to Your Profile, information in any Applications You have previously lodged that are linked to Your Profile may be used or disclosed for the purpose of assessing the Application;
9. acknowledge and agree that (subject to the provisions of the Industrial Chemicals Act) the Application may be linked to another User Profile that is associated with the Application on Your or, in the case of a Representative User, the Applicant’s request; and
10. acknowledge and agree that the contents of the Application may (subject to the provisions of the Industrial Chemicals Act and Privacy Act 1988 (Cth)) be disclosed to other parties associated with the Application.

Lawful and appropriate use of AICIS Business Services portal

You must:

1. only use the AICIS Business Services portal for Your own lawful purposes, in accordance with these Terms of Use as amended from time to time or any other conditions notified by the Commonwealth on the AICIS Business Services portal, and in a manner that does not infringe the Intellectual Property Rights of, or restrict or inhibit the use of, the AICIS Business Services portal by any third party;
2. not attempt to undermine the security or integrity of the AICIS Business Services portal;
3. not attempt to gain unauthorised access to any Materials other than those lodged by You, or to which You have been given express permission to access by the Commonwealth; 
4. immediately notify the Commonwealth of any unauthorised use of Your Profile, if You have one, or any other breach of security, and take all other actions that the Commonwealth reasonably deems necessary to maintain or enhance the security of the AICIS Business Services portal;
5. maintain Your Profile details and ensure Your Profile details are true, accurate, current and correct, if You have one;
6. not use, or misuse the AICIS Business Services portal in any way that may disrupt or impair the functionality of the AICIS Business Services portal or other systems used for the AICIS Business Services portal; and
7. not transmit, or input via the AICIS Business Services portal, any: 
   1. harmful code or malware;
   2. unlawful, defamatory, obscene, offensive or scandalous Material, or any Material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person; or
   3. Material in violation of any Intellectual Property Rights or any laws, or Material that You do not have the right to use or transmit or input into the AICIS Business Services portal.

• It is Your responsibility to ensure that any files uploaded comply with these conditions.

You acknowledge that Your access to, and use of, the AICIS Business Services portal is subject to applicable Commonwealth legislation (including the Criminal Code Act 1995 (Cth), the Privacy Act 1988 (Cth), and the Industrial Chemicals Act), and that penalties may apply for misrepresenting information lodged on, or misuse of information obtained from, the AICIS Business Services portal.

You acknowledge that your use of the AICIS Business Services portal will be logged for the purpose of security and usage monitoring.

Intellectual Property Rights

Materials on the AICIS Business Services portal may be protected by Intellectual Property Rights. You must not use any Material on the AICIS Business Services portal for a purpose for which You do not have express permission from the Intellectual Property Rights owner. If You have any doubt as to Your right to use the Material, please contact its owner. The Commonwealth is not liable if You breach an owner’s Intellectual Property Rights.

You grant (or will procure) a royalty-free, non-exclusive licence for the Commonwealth to use, reproduce and adapt the information and Material included in any Applications You lodge in the AICIS Business Services portal for the purpose of making an assessment of those Applications.

You acknowledge and agree that the licences granted above, as relevant to You, do not limit or exclude any rights that the Commonwealth is entitled to exercise at law in relation to the Material.

Indemnification, liability and termination

You remain solely responsible for complying with all applicable laws in connection to Your use of the AICIS Business Services portal. It is Your responsibility to check that storage of, transfer of and access to the Materials You transmit or input via the AICIS Business Services portal will comply with all laws applicable to You.

You indemnify the Commonwealth for any loss or expense incurred by the Commonwealth in dealing with any claim against it, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Commonwealth, arising from either:

1. breach by You of these Terms of Use; or
2. an act or omission involving fault on Your part in connection with these Terms of Use.

Your liability to indemnify the Commonwealth under these Terms of Use will be reduced proportionately to the extent that any negligent or other tortious act or omission of the Commonwealth contributed to the relevant loss or damage.

If Your registration is cancelled in accordance with the Industrial Chemicals Act, the Commonwealth may terminate Your Profile or access to the AICIS Business Services portal. You may only be able to create a new User Profile and to access the AICIS Business Services portal again, subject to any limitations imposed by the Industrial Chemicals Act.

Collection of personal information and privacy obligations

Your personal information is protected by law, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

The AICIS Executive Director may collect, use and disclose personal information about You or about third parties that You input or transmit via the AICIS Business Services portal to process Applications and administer the AICIS Business Services portal.

If You do not provide this information, You or other Users will be unable to lodge and manage applications via the AICIS Business Services portal.

Personal information about You collected by the AICIS Executive Director may be disclosed by the AICIS Executive Director to other Users associated with Your Organisation, including users based overseas.

Personal information and information about You may also be accessible to Personnel and in particular the Department of Climate Change, Energy, the Environment and Water, and to other entities referred to within the AICIS Privacy Policy.

Personal information disclosed to other users may not be protected by the Privacy Act 1988.

If You submit personal information belonging to other individuals via the AICIS Business Services portal, You warrant that:

1. You have drawn to their attention the AICIS Business Services portal Privacy Notice and these Terms of Use.
2. Each individual has given their consent to their information being provided to the Executive Director for the Application purpose.

For details about how the Executive Director of AICIS collects and holds your personal information, see the AICIS privacy policy.

The Executive Director uses Department of Health and Aged Care infrastructure to support the AICIS Business Services portal. For further details about how the Commonwealth handles personal information, see the Commonwealth’s privacy policy.

Disclaimers

You agree that Your use of the AICIS Business Services portal is entirely at Your own risk, and You have made Your own assessment on the risk of use of the AICIS Business Services portal and any Materials on the AICIS Business Services portal.

You accept and agree that You are authorised and responsible for any Applications made to the AICIS Business Services portal using Your Profile. The Commonwealth is not liable or legally responsible for any of the Applications You make using Your Profile.

The Commonwealth may at any time change the content, including removing any Materials held in the AICIS Business Services portal, at its discretion and without notice.

You agree that Material You transmit or input via the AICIS Business Services portal may be accessed by Personnel who are permitted access to the Material by the Commonwealth (in accordance with the provisions of the Industrial Chemicals Act), including for the purposes of processing Applications, or operating and administering the AICIS Business Services portal. You are responsible for all risks relating to access by Personnel to Material You transmit or input via the AICIS Business Services portal before using the AICIS Business Services portal.

The Commonwealth gives no warranty in connection with the AICIS Business Services portal and its Materials and cannot guarantee that the use of the AICIS Business Services portal and its Materials will not breach Intellectual Property Rights, will be uninterrupted or error free, that any defects in the AICIS Business Services portal and its Materials will be corrected, or that the AICIS Business Services portal is free of harmful code.

To the maximum extent permitted by law, the Commonwealth excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, in connection from Your (or any other person’s) use of or reliance on, the AICIS Business Services portal or its Materials.

Where connection to a system or website outside the Commonwealth’s control compromises the AICIS Business Services portal, the Commonwealth may sever links to that website or system.

General

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.